Legal Question in Real Estate Law in Indiana

Property Line

The neighbor next to my mom's house has put in some trees on property line between their house and my mom's house. The trees seem to be right on the line with some of their bark landscaping going into my mom propety. My mom has complained to them about the mess the bark is causing to her yard. The neighbor has stated to my mom that according to Indiana Law that they will be putting a privacy fence up and that my mom will be responsible for half the cost.

Indiana Law? My mom does not want a fence nor have the funds to pay half. She does not care if they put up one on their property at their cost. Can they (neighbor) put a fence on property line and force my mom to pay half the cost? Please help.


Asked on 7/27/03, 12:40 am

2 Answers from Attorneys

John Bator Bator Redman & Shive

Re: Property Line

The answer is no-they cannot force your mom to pay for half the cost. They probably need a permit as well.

Are you sure these trees are on their side of the line? It might be worth having a new survey done-if your mom has the old one it might not cost much to ahve it recertified. Then if the trees extend on to your property you could have them cut down. You also have the right to trim or prune the trees if they extend on to your mom's property.

I would recommend a meeting with the neighbor to try to work things out before you start a legal fight

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Answered on 7/28/03, 12:38 pm
C. David DuMond Law Offices of David DuMond

Re: Property Line

Your mother's bad neighber is wrong about the law concerning privacy or other fences on residential property. She has no obligation to help pay for the neighbor's fence, and if the fence is on her property, she can tear it down. (There is a law concerning fencing agricultural land, which requires one farmer to fence one side of the property (eg. the north side) and the other farmer to fence the other side (first farmer's south side; but in effect everyone on that line would be fencing their north side.) Consider a revised or new survey, then confront the rude barbarian with the facts. If the trees on planted on the property line, your mother may be able to destroy them. But get the survey first, then confront the miserable neighbor.

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Answered on 7/28/03, 1:34 pm


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